2017-688 ORDINANCE NO. 2017-688
An Ordinance Creating Chapter 8.62 (Vacant Building Registration Program) of the Code of General
Ordinances requiring the registration of vacant buildings with the City of Janesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
CHAPTER 8.62
VACANT BUILDING REGISTRATION PROGRAM
Sections:
8.62.010 Intent and Purpose.
8.62.020 Definitions.
8.62.030 Applicability.
8.62.040 Enforcement, authority, inspection duties.
8.62.050 Requirement of vacant building registration and fee schedule.
8.62.060 Properties not subject to registration.
8.62.070 Owner responsibilities.
8.62.080 Building maintenance and security standards for vacant buildings.
8.62.090 Penalties.
8.62.010 - Intent and purpose.
A. The Common Council of the City of Janesville, Wisconsin, finds that there are now, and may in the
future be, vacant buildings that are inadequately maintained so as to create or contribute to blight,
depress market values of surrounding properties, require additional governmental services, and
endanger public health and safety.
B. This Code is enacted to facilitate the identification, registration, inspection, and standard
maintenance of vacant buildings in order to:
1. Preserve and promote public health, safety, prosperity, and general welfare;
2. Abate and prevent public and private nuisances and potential fire hazards;
3. Promote neighborhood stability and occupancy by preserving the condition and appearance
of properties; and
4. Maintain property values and assessments.
C. The purpose of the Code is to establish a vacant building registration program including measures
reasonably necessary for regulating the maintenance of vacant residential and commercial properties
by parties asserting a collateral or other legal or equitable interest in the property.
8.62.020 - Definitions
A. Accessory Building/Structure. A building that is less than or equal to 120 square feet, is incidental
and subordinate to the principal building, serves the principal building exclusively, and is detached from
but located on the same lot with such principal building.
B. Agent. A person, firm or other entity that is responsible to a bank, lender, other financial institution
or individual, for securing, maintaining, foreclosing upon or selling any residential property as the result
of loan default or mortgage foreclosure proceedings whether or not the proceedings are judicial or
initiated as the result of a power of sale clause in the mortgage document. In this section, agency does
not include a servicing company. Except, however, an attorney shall not be deemed to be an agent if
that attorney is retained solely to represent a bank, lender or other financial institution in connection
with a foreclosure proceeding in a court of competent jurisdiction.
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C. Building. Any structure used or built for the shelter or enclosure of persons, animals, chattels, or
movable property of any kind; and when separated by a fire-wall, each portion of such building so
separated shall be deemed a separate building.
D. Code of General Ordinances. The Code of General Ordinances for the City of Janesville,
Wisconsin, which includes the Vacant Building Registration Program.
E. Code Official. The Neighborhood and Community Services Director, or any duly authorized
designee.
F. Department. The Department of Neighborhood and Community Services, or any duly authorized
designee of the Director.
G. Lot. The open space on the premises and on adjoining property under the control of owners or
operators of such premises.
H. Financial Institution. Any individual, firm, corporation or entity other than a lender or duly
constituted bank that asserts a collateral interest in residential real property as the result of an
assignment, sale or transfer of a mortgage or similar instrument.
I. Foreclosure. The process by which a mortgage is enforced against a parcel of real property through
sale or offering for sale to satisfy the debt of the mortgagee.
J. Good Repair. Free from blighting and hazardous conditions, clean and sanitary, and in a safe
condition.
K. Mortgage. A recorded lien or interest in real property to secure payment of a loan.
L. Occupied. When a business is open to the public, when a business or manufacturing activity is
performed therein, when people reside therein, or when any personal property is moved therein. Any
building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful
business or residents in all or any part of the building as the licensed business-occupant, or as the legal
or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of
the same. For purposes of this chapter, evidence offered to prove that a building is so occupied may
include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal
Service; proof of continual telephone, electric gas, heating, water, and sewer.
M. Owner. Any individual, limited liability company member, co-partnership, association, corporation,
company, fiduciary, or any other person or legal entity having a legal or equitable title or interest in real
property. The term includes a mortgagee which has obtained a judgment of foreclosure against a
property.
N. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon.
O. Property. Any unimproved or improved real property or portion thereof, situated in the City and
includes the buildings or structures located on the property regardless of condition.
P. Residential. Any property or portion thereof, situated in the City, designed or permitted to be used
for dwelling purposes, and shall include all buildings and structures located on such property. This
includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or
not it is legally permitted and/or zoned for such use.
Q. Responsible Person. A natural person who is the owner, operator, or manager of any structure or
premises and is responsible for the property's maintenance and management.
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R. Secured. A building that has a permanent door or window in each appropriate building opening that
is secured to prevent unauthorized entry and has all its door and window components intact and
unbroken.
S. Servicing company. An individual, firm or entity that, as a regular part of its business, provides
services to the owner or holder of one or more mortgage liens which services may include collection of
payments, creation and administration of escrow and insurance accounts, assessment of late-payment
charges, managing loss mitigation, and securing and managing foreclosed properties on behalf of the
holder of a mortgage lien or the holder's attorney or agent.
T. Structure. Anything constructed or erected, which requires location on the ground or attached to
something having location on the ground.
U. Unsecured. Any building that does not meet the definition of secured.
V. Vacant. A building which lacks habitual presence of human beings who have a legal right
to be on the premises, or at which substantially all lawful business or construction operation or
residential occupancy is at a level of at least 95 percent vacant.
W. Violation. A lawful order has been issued by the city or a department thereof and the conditions
forming the basis for the order have not been fully abated.
X. Weeds. Plants growing where they are not wanted. These typically are invasive species that may
be difficult to control, or may be a health hazard to humans or stock animals or wildlife, or may be
otherwise detrimental to an environment. They also include weeds enumerated in 8.56.010.
8.62.030 - Applicability
A. General. The provisions of this section shall apply to residential and commercial buildings vacant for
ninety (90) consecutive days. All buildings with a valid City of Janesville Building or Demolition Permit
shall be exempt from the provisions of this Section.
B. Conflict. In any case where a provision of this section is found to be in conflict with a provision of
the Zoning Code or any other provisions of the Code of General Ordinances, the provision which
established the higher standard for the protection of the public health, safety, and welfare shall prevail.
C. Application of Other Ordinances. Nothing contained herein shall be deemed to authorize the use
of a structure or premises contrary to any other provision of the Code of Ordinances. Repairs, additions
or alterations to a structure shall be done in accordance with the procedures and provisions of State
law and the Code of General Ordinances. Nothing in this Section shall be construed to cancel, modify
or set aside any provision of the Zoning Code or Building Code.
D. Existing Remedies. The provisions in this Section shall not be construed to abolish or impair
existing remedies of the City, or its officers or agencies, under State laws or this Code of Ordinances,
including the Zoning Code, relating to the removal or demolition of any structure which is dangerous,
unsafe and unsanitary, or the abatement of public nuisances.
E. Historic Buildings. The provisions of this Section shall apply to structures designated by the
Federal Government, State or City as historic buildings. Any work to said structure shall also comply
with all applicable code requirements.
8.62.040 - Enforcement, Authority, Inspection Duties.
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A. The Neighborhood and Community Services Director or his/her designee shall have the authority to
enforce the provisions of this section and to exercise the powers and duties specified in this section.
B. Inspection of premises and the issuing of orders in connection therewith, under the provisions of the
Code of General Ordinances, shall be the responsibility of the code official or designee. Wherever, in
the opinion of the code official, it is necessary or desirable to have inspections of any conditions by any
other department, he or she shall arrange for this to be done in such manner that the owners or agents
of the property shall not be subjected to visits by numerous inspectors nor to multiple or conflicting
orders. No order for correction for any violation under the housing code shall be issued without the
approval of the code official.
C. When the code official or designee determines that there are reasonable grounds to believe that a
violation of any provision of this chapter may exist or that conditions exist which adversely affect the
health, safety, and welfare of the public, he or she may make or cause to be made inspections to
determine the conditions of properties in order to safeguard the safety, health, and welfare of the public
under the provisions of the housing code. The code official is authorized to enter any premises at any
reasonable time for the purpose of performing his or her duties under the housing code. The owner or
agent of every property shall give the code official free access to the premises at all reasonable times
for the purpose of such inspection.
D. Issuance of Orders to Correct. Upon inspection, an authorized official or his/her designee shall
issue orders to repair for work needed.
E: Re-inspections. Re-inspections may be conducted after the deadline for repair as stated in the
Order. Re-inspections are subject to applicable re-inspection fees.
F. Notices and Orders. An authorized official may issue notices and orders to owners or responsible
persons to obtain compliance with this Section.
8.62.050 - Requirement of vacant building registration and fee schedule.
A. The owner of vacant property whether vacant and secure, or vacant and unsecured, shall register
with the City no later than the earliest of:
1. Ninety (90) days after the premises becomes vacant; or
2. Thirty (30) days after transfer of ownership; or
3. Thirty (30) days after a bank, lender, or other financial institution shall, directly or through an
agent or servicing company, initiate foreclosure proceedings by filing a summons and complaint
in Rock County Circuit Court upon residential real property.
B. The owner shall submit a registration fee pursuant to this Section and register the property with the
Neighborhood and Community Services Department on a form provided by the City that includes, but is
not limited to:
1. A statement of physical inspection of the premises including one or more photographs of the
property accurately portraying current condition of the exterior premises.
2. The name and addresses of all known lien holders and or parties with a legal or equitable
ownership interest such as bank, lender, or financial institution including address(es), phone
number(s), and/or email address(es).
3. The name of the agent designated to act on the behalf of the owner to accept legal processes
and notices and to authorize repairs as required including address(es), phone number(s), and/or
email address(es). The agent shall reside within a sixty (60) mile radius of the property, and
shall be 21 years of age or older.
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4. The date that foreclosure proceedings were commenced and the docket number of the
foreclosure action, a description of the external condition of the property and accessory
structures on the property, if any.
C. The owner of the vacant premises shall be responsible for the payment of a nonrefundable
registration fee of$200.00 for a residential property or $350.00 for a commercial property. If a vacant
premises is owned by the City or its instrumentalities, it shall not be subject to the requirements of this
Section.
D. Any new owner shall register or re-register the vacant premises with the City within thirty (30)
days of any transfer of an ownership interest in vacant premises. The new owner shall comply with any
approved plan and timetable submitted by the previous owner until any proposed changes are
submitted and meet the approval of the City.
E. Registration does not exonerate the owner from compliance with all applicable provisions of the City
of Janesville's ordinances, including this Chapter; nor does it preclude any of the actions the City is
authorized to take pursuant to this Chapter or otherwise under the City of Janesville's ordinance or as
otherwise permitted by law.
F. The owner shall be required to renew the registration of each residential or commercial property for
successive 6-month periods as long as the building remains vacant. The nonrefundable initial
registration renewal fee shall be $250.00 for a residential property and $400.00 for a commercial
property and shall increase in $50.00 increments for each successive 6-month renewal with a
maximum fee of$500.00 until the building is no longer required to register under the program.
G. The funds generated from the Vacant Building Registration Program will be utilized for the
administrative cost of identifying, inspecting, securing, and managing properties that are abandoned
and/or vacant.
8.62.060 - Exceptions.
A. A property that meets the conditions under section 8.62.050 shall be registered under the Vacant
Building Registration Program unless the following conditions are met:
1. A property that is undergoing an active renovation or rehabilitation, and where a permit for
same has been secured from the Building & Development Services Division.
2. A property that is either actively being offered for sale or lease or is actively being offered for
rent.
3. A property that is the primary residence of a member of the armed forces on active duty.
4. A property that has been used by the owner as a vacation home or on a seasonal basis for a
period of at least three months within the previous nine months and the owner intends to
resume residing at the property; or a property that is routinely occupied by a Janesville resident
except during certain seasons of the year (e.g. "snowbird").
5. A property that is currently part of an estate sale that is in probate and is not subject to
bankruptcy.
6. Residential condominium, multifamily rental, and commercial buildings that are more than five
percent occupied. Less than five percent occupied is considered vacant.
7. A property that is a vacant lot without a structure.
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B. Property owned by governmental bodies is exempt from the requirements of the Vacant Building
Registration Program.
8.62.070 - Owner responsibilities. All vacant structures and premises thereof shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely
affect the public health or safety.
8.62.080 - Building maintenance and security standards for vacant buildings. Any building that has
become vacant will be subject to an exterior inspection. The owner of the building shall comply with all
requirements of this chapter, including but not limited to the following vacant building requirements:
A. Lot maintenance. Lot maintenance standards include the lot the building stands on and the
surrounding public way and shall meet the following:
1. All grass and weeds on the premises including abutting sidewalks, gutters and alleys shall be
kept below 12 inches in height and all dead or broken trees, tree limbs or shrubbery shall be cut
and removed from the premises in accordance with Section 8.56 of the General Code of
Ordinances.
2. Every occupant of a lot, and every owner of an unoccupied lot having a sidewalk or sidewalks
in front of the same shall keep such walk or walks and the nearest one-half of crosswalks
connecting therewith free from snow and ice; provided, however, that a period of twelve hours
shall be allowed after each snowstorm for the removal of snow which fell during such storm.
3. Junk, rubbish and waste, including, but not limited to, any mail or flyers that have been
delivered to the building, shall not be permitted to accumulate on any portion of the exterior
lot of the building.
4. The lot shall be maintained so that water does not accumulate or stand on the ground.
5. All fences and gates shall be maintained in sound condition and in good repair.
B. Exterior property area, sanitation. Every occupant shall maintain all exterior property areas in a
clean and sanitary condition free from accumulations of debris, junk, rubbish or garbage.
C. Exterior property area, grading and drainage. All premises shall be graded and maintained so as
to prevent the accumulation of stagnant water thereon, or within any building or structure located
thereon.
D. Exterior property area, insect and rodent harborage. Every owner and/or occupant of a dwelling
or multifamily dwelling shall be responsible for the extermination of rodents, vermin, or other pests in all
exterior areas of the premises; except that the occupant shall be responsible for such extermination in
the exterior areas of the premises in a single family dwelling. Whenever infestation exists in the shared
or public parts of the premises of other than a single-family dwelling, extermination shall be the
responsibility of the owner.
E. Exterior property area, accessory structures. All accessory structures, including detached
garages. shall be maintained structurally sound and in good repair.
F. Exterior property area, driveways and parking areas. All driveways and parking areas shall be
maintained in such condition so as to prevent washing of material onto the sidewalk and street. Such
areas shall be sufficient in size to park vehicles so as not to be in the sidewalk area. Driveways and
parking areas: No vehicle parking is allowed on front or corner side lawns. All vehicles must be parked
in blacktop or concrete parking areas.
G. Exterior property area, requirements generally. No person shall occupy as owner/occupant, or
let to another for occupancy, any dwelling or rooming unit, for the purpose of living therein, which does
not comply with Sections 16.08.300 through 16.08.330 of the Code of General Ordinances.
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H. Exterior structure, foundation, wall and roof.
1. Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a
workmanlike state of maintenance and repair. and shall be kept in such condition as to exclude
rodents.
2. Foundation walls: All foundation walls shall be maintained so as to carry the safe design and
operating dead and live loads and shall be maintained plumb and free from open cracks or
breaks, so as not to be detrimental to public safety and welfare.
3. Exterior walls: Every exterior wall shall be free of holes, breaks, loose or rotted boards or
timbers, and any conditions which admit rain or excessive dampness to the interior portions of
the walls or to the occupied spaces of the building. All exterior surface materials, including
wood, composition, painted masonry, or metal siding, shall be maintained weatherproof and
shall be property surface coated by paint or other approved protective coating applied in a
workmanlike manner when required to prevent deterioration and shall be free from peeling and
chips.
4. Roofs and drainage: The roof shall be structurally sound, tight, and not have defects which
might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness
or deterioration in the walls or interior portion of the building. Roof water shall not be discharged
in a manner that creates a nuisance to owners or occupants of adjacent premises, or that
creates a public nuisance.
I. Exterior structure, stairs, porches and railings. Stairs and other exit facilities shall be adequate
for safety as provided in the building code, and shall copy with the following:
1. Every outside stair, every porch, and every appurtenance attached thereto shall be so
constructed as to be safe to use and capable of supporting the loads to which it is subjected as
required by the building code, and shall be kept in sound condition and good repair.
2. Every outside stairs of more than three risers shall have a handrail. Every handrail and
balustrade shall be firmly fastened, and shall be maintained in good condition.
J. Exterior structure, windows, doors and hatchways.
1. Every window, exterior door, and basement hatchway shall be substantially tight, and shall be
kept in sound condition and repair.
2. Every window sash shall be fully supplied with glass windowpanes, or an approved substitute
which is without open cracks or holes.
3. Every exterior door, door hinge, and door latch shall be maintained in good condition.
4. Every exterior door, when closed, shall fit reasonably well within its frame.
5. Every window, door and frame shall be constructed and maintained in such relation to the
adjacent wall construction so as to exclude rain as completely as possible, and to substantially
exclude wind from entering the building.
6. Every exit door shall be capable of being easily opened from the inside.
7. Every dwelling unit shall have two (2) safe unobstructed exits as required by the laws of the
State and the General Code of Ordinances of the city.
K. Exterior structure, screening. Guards and screens shall be supplied for protection against rodents
and insects in accordance with the following requirements:
1. Every basement or cellar window, when open for ventilation, shall be supplied with a screen,
or such other device as will effectively prevent the entrance of rodents.
2. From June 1 to October 15 of each year, every door, window, or other outside opening used
in fulfilling ventilation requirements under chapter shall be supplied with a screen of no less than
sixteen mesh per inch.
L. Filth and unwholesome substances prohibited, premises to be kept sanitary, owner or
occupant's responsibility. No person shall place on premises under his control or leave exposed on
such premises any carcass, carrion, vegetable or putrescent and unwholesome substance; No person
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shall place, have or permit on such premises any accumulation or existence of filth such as to endanger
the health of any person. All premises within the city shall be kept in a clean and sanitary condition and
free from all filth or source, or probably source, of disease. The owner and occupant of any premises
shall be jointly and severally liable for the enforcement of this regulation and for any violation thereof.
M. Abatement of disease-producing premises. If the code official, in his/her judgment, determines
that any violation of Sections 8.60.010 and 8.60.020 constitutes a source or probable source of
disease, s/he shall have authority to order the owner or occupant of the premises to remove and abate
such nuisance within such time as s/he determines to be reasonable under the circumstances. If such
owner or occupant neglects or refuses to comply with such order, the code official shall order the
removal and abatement of the nuisance and the cost thereof shall be charged to the property and shall
be entered on the next tax roll, together with interest thereon as provided by law as a special tax
against the property, and furthermore, the person or persons so neglecting or refusing to obey such
order shall be subject to the penalties provided in Section 8.60.170.
N. Rubbish, trash, and debris prohibited, Premises to be cleaned when.
1. The accumulation of interior furniture and accessories, refrigerators, washing machines,
stoves, wood, brick, cement blocks, or other unsightly debris such as may tend to depreciate
property values in the area or create an unattractive nuisance or hazard, or other nuisance shall
not be allowed on any lot or parcel of land within the city limits except as allowed by permit,
under Sections 5.64.010 through 5.64.110, or except where such materials are properly housed
and out of public view.
2. When the person or persons in charge of any property is in violation of this section, the
Neighborhood and Community Services Director or his/her designee shall have the authority to
order the premises cleaned, placed in order, and made sightly within a reasonable length of
time, as specified in the order.
O. Particulate matter restrictions. No person, firm, or corporation shall construct, maintain or operate
any business, plant, or equipment so as to cause, permit or allow dust, coal dust, sand, cement, or
other material or articles to be blown or carried into the air in such as manner so as to create a
nuisance at any time to any other person, resident, business or industry located in the city.
P. Graffiti, prohibition. The existence of graffiti on any real property within the city, without express
permission of the owner, is declared to be a public nuisance as it affects public health, safety, and
welfare. Graffiti shall be removed by the property owner or by the City as the property owner's
expense. The Neighborhood & Community Services Director, or his/her designee, shall order graffiti
removed by the property owner within a time certain. Upon the failure of the property owner to comply
with the order issued by the department, the Director may cause the graffiti to be removed. A
statement of the costs shall be filed with the City Clerk-Treasurer, and any and all costs thereof shall be
charged against the property, shall be a lien upon the real estate, and shall be assessed and collected
as a special charge.
Q. Abandoned, unlicensed or non-operable vehicles, prohibition. No person who owns or
possesses or has custody of a motor vehicle shall allow the same or any substantial part thereof to
become an abandoned motor vehicle. No person being the owner or occupant of private property, shall
allow an unlicensed motor vehicle or non-operable motor vehicle to remain on private property for more
than ten (10) days. Such allowance is a public nuisance and may be abated or removed and penalties
imposed as set forth in this chapter. Any such vehicle may be disposed of as set out in Chapter 10 of
the General Code of Ordinances.
8.62.090 - Penalties. Any owner failing to comply with any provisions of this section shall be subject to the
following penalties:
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A. The penalty for violating any provision set forth in this Chapter shall be a forfeiture of not less than
$100.00 nor more than $1000.00 together with the costs of prosecution.
B. In addition to any other remedies herein or at law and/or equity, the City may seek injunctive relief to
enjoin and/or abate such violation and/or its continuance.
C: In addition to any other penalty imposed under this section, failure to pay any fees for registration,
renewal, or failure to allow inspection shall be assessed against the real estate as a special charge.
ADOPTED: August 14, 2017 Motion by: Gruber
Second by: Williams
APPROVED: 1&, Councilmember Aye Nay Pass Absent
04-/fp Conley X
/t-• Farrell X
Mark A. eitag, City Manager Gruber X
Jorgensen X
ATT / / Marklein X
` Williams X
WV, Wolfe X
a id T. Godek, Cit� Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimc yk, City Attorney
Proposed by: Neighborhood and Community
Services Department
Prepared by: City Manager's Office
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